2019 - 2020 LEGISLATURE
ASSEMBLY SUBSTITUTE AMENDMENT 1,
TO ASSEMBLY BILL 78
May 24, 2019 - Offered by Representative Knodl.
1An Act to repeal
340.01 (32) (a), 340.01 (32) (b) and 990.01 (43r); to renumber
340.01 (32) (intro.) and 990.01 (43m); to amend
20.395 (5) (dr), 3
20.395 (5) (eh), 85.30, 340.01 (29m) (am) 2., 340.01 (38m) (a) 1., 341.10 (6), 4
343.03 (3) (a), 343.04 (1) (e), 343.05 (3) (b), 343.07 (1g) (intro.), 343.07 (4) (title) 5
and (a), 343.07 (4) (b), 343.08 (1) (a), 343.08 (2) (a), 343.16 (1) (d) 1., 343.16 (2) 6
(b), 343.17 (3) (c) 5., 343.32 (4), 346.54 (1) (cm), 346.595 (1), 346.595 (3), 346.595 7
(3m), 347.09 (1) (b), 347.15 (1), 347.35 (1a), 347.42, 347.485 (title) and (1), 8
347.485 (2) (c), 347.485 (3), 347.485 (4), 347.486 (1), 347.486 (2), 347.487 and 9
349.13 (6); and to create
218.0101 (2), 218.0114 (1m), 340.01 (3m) and 341.25 10
(1) (bg) of the statutes; relating to: registration and operation of vehicles
11defined as autocycles.
Analysis by the Legislative Reference Bureau
This bill creates a definition of an autocycle, which is a three-wheeled motor
vehicle with operation controls similar to an automobile.
Under current law, there are two types of motorcycles. A “Type 1 motorcycle"
is a motor vehicle which has either two wheels in tandem and a seat for the operator
or three wheels and unenclosed seating for the operator and passengers. A “Type 2
motorcycle" is a motor vehicle with at least three wheels and an enclosed space for
the operator and passengers. The bill eliminates the Type 1 and Type 2 motorcycle
definitions and defines “motorcycle” as a motor vehicle originally manufactured with
motive power, a seat or saddle requiring the rider to sit astride, not more than three
wheels in contact with the ground, steering controlled by handlebars, and
acceleration and braking controlled with handlebar and foot controls and that is
capable of speeds in excess of 30 miles per hour.
The bill defines “autocycle” to mean a motor vehicle that has three wheels in
contact with the ground, is designed with seating that does not require operators or
any occupants to straddle or sit astride it, has a steering wheel, and is originally
manufactured to meet federal motor vehicle safety standards for motorcycles. Under
current law, no motor vehicle dealer may engage in business as a motor vehicle dealer
without the appropriate dealership license. The bill provides that a motor vehicle
dealer currently engaged in the sale of autocycles may continue selling autocycles
without having to acquire a different type of dealership license.
Under current law, a motor vehicle may not be operated upon a highway in this
state without a current, valid registration. Generally, the fee for registering an
automobile with the Department of Transportation is $75 annually. The fee for
registering a motorcycle is $23 biennially. Under this bill, the fee for registering an
autocycle is $45 annually.
Under current law, no person may operate a motor vehicle upon a highway in
this state unless the person possesses a valid operator's license. Additional
endorsements are required for the operation of certain vehicles, including
motorcycles. This bill classifies autocycles as “Class D" vehicles, which means they
may be operated with the regular license issued by DOT without the need for
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
20.395 (5) (dr) of the statutes is amended to read:
(dr) Transportation safety, state funds.
The amounts in the schedule 3
for activities related to highway safety under s. 85.07 and the
moped, and motor bicycle safety program under s. 85.30.
20.395 (5) (eh) of the statutes is amended to read:
(eh) Motorcycle safety program supplement, state funds.
From the 2
general fund, all moneys received under s. 341.14 (6r) (b) 14m., for activities under 3
the Type 1
motorcycle, moped, and motor bicycle safety program under s. 85.30 4
limited to evaluation of basic rider education courses, conducting public workshops, 5
rallies, and programs related to Type 1
motorcycle safety and training, and making 6
grants for providing motorcycle riding courses.
85.30 of the statutes is amended to read:
885.30 Type 1 motorcycle
Motorcycle, moped and motor bicycle safety
The department shall develop and administer a Type 1
moped and motor bicycle safety program. The program shall include operational 11
skills training, safety education and public awareness and such other elements as 12
the department deems desirable. The safety education program for
Type 1 13
motorcycles shall include instruction as to the proper eye protection to be worn 14
during hours of darkness. The department may make grants under this program for 15
establishment of courses which further the aims of this program. The department 16
shall adopt rules to implement this section.
218.0101 (2) of the statutes is created to read:
“Autocycle” has the meaning given in s. 340.01 (3m).
218.0114 (1m) of the statutes is created to read:
A motor vehicle dealer engaged in the sale of autocycles with 21
a license as provided in ss. 218.0101 to 218.0163 prior to the effective date of this 22
subsection .... [LRB inserts date], may continue selling autocycles without having to 23
acquire a different type of dealership license.
340.01 (3m) of the statutes is created to read:
“Autocycle” means a motor vehicle that has 3 wheels in contact 2
with the ground, is designed with seating that does not require operators or any 3
occupants to straddle or sit astride it, has a steering wheel, and is originally 4
manufactured to meet federal motor vehicle safety standards for motorcycles under 540 CFR part 571
340.01 (29m) (am) 2. of the statutes is amended to read:
(am) 2. A Type 1
motorcycle with an automatic transmission and 8
an engine certified by the manufacturer at not more than 50 cubic centimeters or an 9
equivalent power unit.
340.01 (32) (intro.) of the statutes is renumbered 340.01 (32) and 11
amended to read:
“Motorcycle" means a motor vehicle
, excluding a tractor, an
13all-terrain vehicle, or a utility terrain vehicle, which originally manufactured with
14motive power, a seat or saddle requiring the rider to sit astride, not more than 3
15wheels in contact with the ground, steering controlled by handlebars, and
16acceleration and braking controlled with handlebar and foot controls and that
capable of speeds in excess of 30 miles per hour with a 150-pound rider on a dry, level,
18hard surface with no wind, with a power source as an integral part of the vehicle, and
19which meets the conditions under par. (a) or (b):.
340.01 (32) (a) of the statutes is repealed.
340.01 (32) (b) of the statutes is repealed.
340.01 (38m) (a) 1. of the statutes is amended to read:
(a) 1. A motor vehicle that is designed and constructed to carry 24
no more than 2 persons and to be used for collecting residential and commercial solid 25
waste, such as yard waste, recyclable materials, and household garbage, refuse, and
rubbish, landscaping, or incidental street maintenances; that is not certified by the 2
manufacturer for on-road use or that is certified by the manufacturer as meeting the 3
equipment standards for a low-speed vehicle under 49 CFR 571.500
; and that 4
satisfies the equipment standards for a Type 2 automobile or Type 2 motorcycle 5autocycle
under ch. 347 or the equipment standards for a low-speed vehicle under 649 CFR 571.500
341.10 (6) of the statutes is amended to read:
The vehicle was manufactured after 1969 and does not meet 9
manufacturer or importer certification label requirements as specified in 49 CFR 567 10
or the vehicle is a Kei class vehicle. This subsection does not apply to autocycles, 11
former military vehicles, historic military vehicles, as defined in s. 341.269 (1) (a), 12
for which the department receives an application, and which are eligible, for 13
registration under s. 341.269, or special interest vehicles, as defined in s. 341.266 (1) 14
(c), for which the department receives an application, and which are eligible, for 15
registration under s. 341.266.
341.25 (1) (bg) of the statutes is created to read:
(bg) For each autocycle, a fee of $45.
343.03 (3) (a) of the statutes is amended to read:
(a) Regular license.
The standard license legend is “regular" or a 20
readily recognizable abbreviation thereof. The regular license, without any express 21
endorsements or restrictions as provided in this chapter, authorizes the licensee to 22
operate only “class D" vehicles as described in s. 343.04 (1) (d), except as otherwise 23
provided in this subsection. The license may be endorsed to permit operation of Type
motorcycles or school buses that are not commercial motor vehicles. A regular 25
license may be subject to restrictions.
343.04 (1) (e) of the statutes is amended to read:
(e) Class M.
A “Class M" vehicle is any Type 1
343.05 (3) (b) of the statutes is amended to read:
(b) No person may operate a Type 1
motorcycle unless the person 5
possesses a valid operator's license specifically authorizing the operation of Type 1
343.07 (1g) (intro.) of the statutes is amended to read:
343.07 (1g) Regular permit; issuance, restrictions.
(intro.) Upon application 9
therefor by a person at least 15 years and 6 months of age who, except for age or lack 10
of training in the operation of a motor vehicle, is qualified to obtain an operator's 11
license and has passed such knowledge test as the department may require, the 12
department may issue a regular instruction permit. If the application is made by a 13
male who is at least 18 years of age but less than 26 years of age, the application shall 14
include the information required under s. 343.14 (2) (em). The permit entitles the 15
permittee to operate a motor vehicle, except a commercial motor vehicle, school bus, 16
or Type 1
motorcycle, a motor bicycle, or a moped, upon the highways, subject to the 17
343.07 (4) (title) and (a) of the statutes are amended to read:
(title) Instruction permits; Type 1 motorcycle, motor bicycle
(a) Subject to s. 343.16 (1) (a), upon application by a person who qualifies for 21
issuance of a license under s. 343.06 (1) (c) and who wishes to qualify for the operation 22
of a Type 1
motorcycle, the department may issue an instruction permit for the 23
operation of “Class M" vehicles.
343.07 (4) (b) of the statutes is amended to read:
(b) The permit for Type 1
motorcycle operation shall be valid for 6 2
months. The department shall issue no more than 3 permits for Type 1
operation to a person unless the person has successfully completed a rider course 4
approved by the department. The department may, by rule, exempt certain persons 5
from the rider course requirement of this paragraph. The permit for
Type 1 6
motorcycle operation entitles the permittee to operate a Type 1
motorcycle subject 7
to the following restrictions: